MZZAE v Minister for Immigration and Citizenship

[2013] FCA 511

FEDERAL COURT OF AUSTRALIA

MZZAE v Minister for Immigration and Citizenship [2013] FCA 511

Citation:		MZZAE v Minister for Immigration and Citizenship [2013] FCA 511
Appeal from:		MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250
Parties:		MZZAE v MINISTER FOR IMMIGRATION AND CITIZENSHIP and REFUGEE REVIEW TRIBUNAL
File number:		VID 6 of 2013
Judge:		BROMBERG J
Date of judgment:		1 May 2013
Legislation:		Federal Court Rules 2011 r 36.75
Cases cited:		MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250 Al Mamun v Minister for Immigration and Citizenship [2011] FCA 1394
Date of hearing:	1 May 2013
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	5
Counsel for the Appellant:	The Appellant did not appear
Solicitor for the First Respondent:	Ms K Whittemore of Sparke Helmore

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 6 of 2013

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

MZZAE
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BROMBERG J
DATE OF ORDER:	1 MAY 2013
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the first respondent’s costs of the appeal.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 6 of 2013

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN:

MZZAE
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BROMBERG J
DATE:	1 MAY 2013
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This is an appeal from a judgment of the Federal Magistrates Court (now called the Federal Circuit Court of Australia) published as MZZAE v Minister for Immigration and Citizenship [2012] FMCA 1250, in which the primary judge dismissed the appellant’s application for judicial review.

2. The primary judge reviewed a decision of the Refugee Review Tribunal which affirmed the decision of a delegate of the first respondent not to grant the appellant a Protection (Class XA) visa.

3. When the appeal was called on for hearing this afternoon the appellant did not appear.  I am satisfied on the material provided by Counsel for the first respondent that a notice of the hearing and other communications advising of the time and place of the hearing were provided to the appellant. 

4. The first respondent has applied pursuant to r 36.75 of the Federal Court Rules 2011 for an order that in the absence of the appellant the appeal be dismissed.  I am prepared to make that order on the basis that the interests of justice will thereby be served: Al Mamun v Minister for Immigration and Citizenship [2011] FCA 1394 at [12]-[13] (Gray J).

5. The Court will make orders that:

   1.The appeal be dismissed.

   2.The appellant pay the first respondent’s costs of the appeal.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Bromberg.

Associate:

Dated:       31 May 2013